Gutierrez, Martin Jr ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,285-02
EX PARTE MARTIN GUTIERREZ JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W15-12273-J(A) IN CRIMINAL DISTRICT COURT NO. 3
FROM DALLAS COUNTY
Per curiam.
OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder as a
habitual felon and sentenced to sixty years’ imprisonment and a $10,000 fine.
Applicant contends, inter alia, that the $10,000 fine is not authorized as punishment under
the habitual-felon statute. See TEX . PENAL CODE 12.42(d). He is correct. The trial court, with the
State’s agreement, “recommends that the judgment in cause number F15-12273-J be reformed to
delete the $10,000 fine.” The recommendation is supported by the habeas record and applicable law.
See TEX . CODE CRIM . PROC . art. 37.10(b).
2
We hold that the $10,000 fine imposed in cause no. F15-12273-J, The State of Texas v.
Martin Gutierrez Jr., from Criminal District Court No. 3 of Dallas County is vacated. The sixty-year
sentence remains unchanged. A review of Applicant’s remaining claims shows that they lack merit.
These claims are denied.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: January 13, 2021
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